Court No. - 32
Case :- APPLICATION U/S 482 No. - 6317 of 2018 Applicant :- Deepak Dixit Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
This application under section 482 Cr.P.C. has been filed with the prayer to quash the Charge sheet dated 24.9.2016 as well as further proceeding of Case No.108 of 2017 arising out of Case Crime No.287/16 under section 452, 324, 504, 506 I.P.C. PS. Daunki, District Agra.
Learned counsel for the applicant submitted that on the basis of false allegation, impugned F.I.R. has been lodged against the applicant even injuries are fake though no such incident took place. However, the charge sheet has been submitted, hence the same is liable to be dismissed. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties.
In view of the fact, at this stage it cannot be said whether the prima facie commission is disclosed but it will be considered at the appropriate stage.
As far as expeditious disposal of the bail application is concerned, no such direction is required. However, in view of the aforesaid facts, if the applicant appears before the courts below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off as expeditiously as possible, in accordance with law.
Accordingly, present application under section 482 Cr.P.C. is hereby dismissed.
Order Date :- 28.2.2018 Rk